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THERE MUST BE A COURSE OF ACTION
The Plaintiff must have a right to sue the defendant.  The right will arise from the fact that the plaintiff was wronged.  You are required to inform the person that they have wronged you and give them time to make good within a stipulated time.  If they don’t make good within the stipulated time, then you file the suit.

First you have to send a demand letter and the cause of action arises out of a right.  It has to be a right that is recognised by the Laws of Kenya.
Law of Limitation – you must know whether you have a course of action or you may find that you are actually out of time.

THERE MUST BE PLEADINGS
Civil cases are commenced by way of certain documents being presented to the court.  All these are called pleadings.

SUBJECT MATTER
To select the court so that you can know what sort of pleadings to file and what procedure to use.

RELIEF OR PRAYERS SOUGHT:
Reliefs are those things that you pray the court for.  They are remedies that you are seeking from the court.   When you litigate you must seek specific prayers and the court must be capable of giving the prayers.

 
 
 

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